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PEOPLE v. SUPERIOR COURT

No. B185861.

40 Cal.Rptr.3d 365 (2006)

137 Cal.App.4th 353

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Fernando F. Maldonado, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

Rehearing Denied April 3, 2006.

Review Denied May 17, 2006.

Attorney(s) appearing for the Case

Steve Cooley, District Attorney, Brentford J. Ferreira and Tracey Lopez, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Janice Y. Fukai, Alternate Public Defender, Michael Goodman and Ken Nakamura, Deputy Alternate Public Defenders, for Real Party In Interest.

JOHNSON, Acting P.J.

Based on the particular facts of this case, we hold writ review is not available to the prosecution to challenge the trial court's denial of its motion for a Kelly-Frye1 hearing on the admissibility of certain scientific evidence proposed by the defense. The trial court held a hearing on the issue whether a Kelly-Frye hearing was required, considered conflicting evidence on that issue, and ruled. At worst...

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